Employment Law in Missouri
If you have suffered treatment from an employer in Missouri that violates employment laws, learning more about the law can help. Hiring an employment law attorney can best help you navigate the process, and increase the chances of winning your case.
What Is Employment Law?
Employment law covers the rights, responsibilities, and obligations within the employer-employee relationship. Employment lawyers serve both employees and employers, though they generally focus their practice on serving one or the other. Regardless of who their clients are, their goal is to present a solid case and defend them.
Understanding Employment Law Labor Rights in Missouri
Employees have a wide range of rights that employers cannot violate. If employers violate these rights, workers can file a complaint against them. Each state has unique labor laws and some also make provisions for qualifying independent contractors. Below are the most common topics covered in employment law across the country.
Wage and Hour Laws
Laws protect non-exempt employees from being forced to work for low wages and a certain amount of hours without increased pay. These are the wage and hour laws. They outline the minimum wages an employee can earn as well as the maximum amount of hours worked before qualifying employees should get paid overtime.
Missouri , like every other state, has unique wage and hour laws. However, there are federal laws in place that are minimum requirements for all states. For example, the federal minimum wage is $7.25, but most states exceed that amount.
The Fair Labor Standards Act states that non-exempt employees can only work 40 hours per week at their regular wage rates. If they exceed that number, the employer must pay them overtime rates at a minimum of time and a half. Some states also require weekend overtime pay, holiday pay, and overtime for working more than a certain number of hours each day.
UpCounsel relates that Missouir’s minimum wage, slated at $9.45 per hour, is higher than the national federal minimum wage. Missouri requires employers to pay overtime at 1.5 times the hourly rate. However, Missouri has no laws regarding breaks. Therefore employers are bound by federal laws. These laws state that if an employee receives a break of less than 20 minutes, this is still paid time.
Workers’ Compensation
If you’ve been injured on the job in Missouri , you might be entitled to workers’ compensation benefits. This includes payments for lost wages and past or future medical bills that resulted from your workplace injury.
In order to be eligible for workers’ compensation, you must meet these requirements:
- You must be an employee.
- You must have a work-related illness or injury.
- Your employer must carry workers’ comp insurance.
- You must meet the deadline for filing workers’ comp claims.
There are, however, exceptions to these requirements that may still make you eligible for workers’ compensation benefits. However, if your employer is denying you benefits, you should contact an experienced Missouri attorney for assistance with your case.
Termination Rights under Missouri Employment Law
If you live in an at-will state, or your employment is “at-will,” meaning you can be terminated from your job without notice and cause. However, even at-will employees have rights when it comes to termination. A violation of those rights can be wrongful termination.
Here are some reasons your termination might be wrongful even if you are an at-will employee:
- Written promises or contracts
- Implied promises
- Violations of public policy
- Breaches of good faith and fair dealing
- Workplace retaliation
- Discrimination
- Defamation
- Fraud
- Whistleblowing violations
Missouri has no right to work legislation. However, the Missouri State Senate is considering legislation to adopt these laws.
If you believe your termination was wrongful due to the above circumstances, then contact a qualified Missouri employment law attorney right away. This is because there are time constraints on how long you can wait to file a claim.
Unemployment Benefits
If you’ve lost your job, you can file for unemployment benefits with the state unemployment agency. The agency will either approve or deny your claim. Then, after approval, you’ll receive monthly unemployment checks and benefits in the mail after filing weekly unemployment claims. Still, unemployment claims can be denied for several reasons, including:
- If you were fired for misconduct.
- You voluntarily quit your job.
- You do not have enough earnings during the work period.
If your claim is denied, then you can appeal the decision if you think it’s the wrong choice. Working with an experienced Missouri attorney during the appeal process can improve your chances of winning the case.
Paid and Unpaid Time Off
Additionally, some states require paid time off as well as medical and family leave for employees. Oftentimes, this is combined into one singular paid time off, (PTO), amount. Laws can vary from state to state, but typically PTO is accrued over time and you’ll get a set amount of PTO days per year.
Some states have laws that force the employer to pay for unused PTO. If you are not given proper PTO or your employer doesn’t follow your state’s medical or family leave laws, you can file a complaint.
Missouri law does not require employers to provide paid sick leave, holiday pay, or severance pay. These are all deemed to be benefits that are at the employer’s discretion. The only exception would be when an employer signs a contract specifically stating these benefits as part of the compensation package.
Child Labor Laws
Child labor laws are stricter than standard labor regulations, requiring employers to take extra precautions when scheduling minors. Each state enforces its child labor laws, specifying the maximum hours a minor can work per week, the frequency and length of required breaks, the number of consecutive days they can work, and the latest hours they are permitted to work each night.
According to the Missouri Department of Labor and Industrial Relations, minors under 14 are not permitted to work, with the exceptions of certain agricultural or entertainment related jobs. Minors aged 14 and 15 are permitted to work, but they must receive special work certificates from the state, granting them permission.
Missouri Employment Anti-Discrimination Laws
A collection of federal anti-discrimination laws protects workers from employment discrimination. Following are brief descriptions of some of these anti-discrimination acts:
- Title VII of the Civil Rights Act: Prohibits employers from selecting job applicants and employees based on race, religion, color, sex, and national origin.
- Age Discrimination Act: Prohibits discrimination based on age for employees over the age of 40 years old.
- Pregnancy Discrimination Act: Prohibits employers from discriminating based on pregnancy, childbirth, or a related condition.
- Americans with Disabilities Act: Prohibits employers from discriminating against people with disabilities at any time during the application or hiring process or once the person holds the job.
- Equal Pay Act: Requires employers to give men and women equal pay for equal work.
Sexual Harassment
If a coworker, employer, or client sexually harasses someone in the workplace; the employee has a set of rights to protect them from further harassment. Laws also offer protection from retaliation, such as getting fired for reporting a manager. If you or someone you know is being sexually harassed in the workplace, report it to your HR department.
The Missouri Department of Labor considers sexual harassment to be a form of sexual discrimination, which is a violation of the Missouri Human Rights Act. Unwelcome advances, requests for sexual favors, and engagement in verbal or physical behaviors that create a hostile work environment all fall under the heading of harassment.
Work With an Experienced Missouri Employment Lawyer
If you have employment law concerns, or you’re currently preparing for a case in Missouri , then working with an experienced attorney can help. The hard part is finding the right one. We can even help you connect with an attorney across Missouri state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
If you still have some urgent questions about your situation, take a look at another area of Missouri law.